- (1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of FIR No. 390 dated 17.12.2007 (Annexure P-1) under Sections 307, 382, 323, 148, 149 of the Indian Penal Code, 1860 (IPC for short) and Sections 25 and 27 of the Arms Act, 1959 (the Act for short) and all the subsequent proceedings arising therefrom.
(2.) Learned counsel for the petitioners has submitted that the petitioners were not named in the FIR. In fact, petitioner No.1 had not even been named by the complainant in his supplementary statement and had been falsely involved in this case merely because he was a government employee in Irrigation Department.
(3.) Learned State counsel, who is assisted by learned counsel for respondent No.2, on the other hand, has opposed the petition and has submitted that the complainant had duly named petitioner No.1 in his statement recorded on 8.7.2008 under Section 161 Cr.P.C. So far as petitioner No.2 is concerned, he was described as son of Balwinder Singh in the FIR. Further respondent No.2 had filed Criminal Revision No.1126 of 2009 challenging the order passed by the Additional Sessions Judge, whereby charges under Sections 307, 201 IPC had not been framed against the accused. The said revision petition was decided on 5.12.2011 and it was ordered that charge under Section 27 (1) of the Arms Act, 1959 be also framed against the accused. Petitioners had not filed any counter petition before this Court.;